United States Ninth Circuit
Seller Agency Council, Inc. v. Kennedy Ctr. for Real Estate Educ., Inc., 08-56791
An order denying counter-claimants damages, attorneys' fees, and costs in an action for trademark infringement against plaintiffs is affirmed in part, vacated in part, and remanded where: 1) the doctrine of unclean hands does not bar the application of the equitable defense of acquiescence in this instance; 2) plaintiff had permission to use the marks at issue before July 12, 2006; and 3) a remand was proper so that the district court may consider the applicability of plaintiffs' defense of acquiescence in a manner consistent with the circuit court's opinion.
Appellate Information
- Argued 02/09/2010
- Decided 09/03/2010
- Published 09/03/2010
Judges
- Fogel
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Arthur A. Gardner, Grant J. Hallstrom